Legal Opinion
Comedy III Productions, Inc. v. Gary Saderup, Inc.
California Supreme Court
Decided April 30, 2001No. S076061PublishedCited by 94 opinions
1Opinion of the Court
Opinion
MOSK, J.
A California statute grants the right of publicity to specified successors in interest of deceased celebrities, prohibiting any other person from using a celebrity’s name, voice, signature, photograph, or likeness for commercial purposes without the consent of such successors. (Former Civ. Code, § 990.) The United States Constitution prohibits the states from abridging, among other fundamental rights, freedom of speech. (U.S. Const., 1st and 14th Amends.) In the case at bar we resolve a conflict between these two provisions. The Court of Appeal concluded that the lithographs…
2Cases cited24 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Cohen v. CaliforniaSupreme Court of the United States · 1971
- Hustler Magazine, Inc. v. FalwellSupreme Court of the United States · 1988
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3Cited by94 opinions
- Etw Corporation v. Jireh Publishing, Inc.Court of Appeals for the Sixth Circuit · 2003
- Hilton v. Hallmark CardsCourt of Appeals for the Ninth Circuit · 2010
- Facenda v. N.F.L. Films, Inc.Court of Appeals for the Third Circuit · 2008
- Love v. Associated Newspapers, Ltd.Court of Appeals for the Ninth Circuit · 2010
- Melendez v. Sirius XM Radio, Inc.Court of Appeals for the Second Circuit · 2022
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